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This section contains the nature of the case and procedural background.

Boag (D) entered into a contract to purchase a condominium in a high rise built by Centex (P). Prior to signing the contract, D gave P a $525 deposit on the $73,700 purchase price. Shortly after signing the contract D gave P a check in the amount of $6,780. D was informed by his employer, shortly thereafter, that he was going to be transferred to Chicago. D informed P that he would be unable to complete the contract, and stopped payment on the second check. About two weeks later, P attempted to cash the second check, but it was dishonored by D's bank. P filed suit seeking specific performance on the contract, or in the alternative, seeking liquidated damages in the amount of $6,780. P then moved for summary judgment.

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